Board cites Indiana statute and town code as path for easement changes

Oct 22, 2026

Staff reviewed Indiana drainage statute and town stormwater code, telling the board that state law measures the 75-foot regulated-drain limit at right angles and allows reductions to not less than 25 feet from the top of each bank; town code (4-9-3) restricts permanent structures within 75 feet of a regulated drain.

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Staff (speaker 2) walked the board through relevant legal references after hearing the applicant’s request. The staff read statutory language explaining that "the 75 foot limit shall be measured at right angles to the center line of any tile drain and the top edge of each bank of an open drain as determined by the surveyor," and stated the drainage statute permits the board to reduce the 75-foot requirement but not to less than 25 feet from the top of each bank.

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